473 karma · joined May 15, 2015
"Getting married" is very easy and requires almost no expense and only a little bit of time. You don't need to plan at all for a civil marriage, just sign some paperwork. Drafting all the documents you'll need (will, medical directive, etc.) without a marriage takes lots of time and money (lawyer fees). Writing marriage into laws is a way to save families time and money and make everything simple for them.
No. United State v Windsor (the DOMA case) proved that. Spouses have estate tax exemptions. Windsor sued the IRS for $363,053 in estate taxes that she paid to them because the IRS didn't recognize her and her wife as legally married for tax purposes even thought New York did.
Civil marriage is a form of a "normal contract."
It wasn't the fact it was an "application" that was the problem - you could just say "previously some states refused to register same sex marriages" instead of "previously some states refused to give marriage licenses to same sex couples" and it means the same thing.
The Lovings (of Loving v Virgina) were arrested for getting married in DC.
I don't think we should have them. We only have them because its "eeeewwwww." Social taboo. Cousin marriage is legal in most of the east coast, including in my state and cousin marriage wasn't taboo historically.
In non-cousin marriage states it would be hard to enforce such a ban anyways. Do you have to prove you aren't related when you get your license? Who is going to find out? Who is going to care? Is the IRS going to challenge you? Is your employer going to find out your spouse is actually your cousin, know that is illegal in the state you got married in, and then deny your spouse benefits because your marriage wasn't technically legal? Probably not.
"Genetic problems" is compelling in some ways (but probably overblown) but you can have sex without marriage and marriage without sex and have sex without children (especially in the case of same-sex sex, post menopause sex, sex with someone who had their gonads removed, sex with inter-sexed persons... I can go on...)
I would also say it is your choice to have children with genetic problems - I mean we don't actually outlaw it. If two people were carriers of a terrible disease we don't punish the parents for knowingly taking that risk. We don't punish parents who have children much later in life (children born to parents of advanced age have a higher chance of a few diseases such as Down's Syndrome.)
The reason we have these laws is nobody has challenged them in court yet and is not likely to because not to many people want to marry their sister enough to file a federal lawsuit and I'm not aware of too many people who were arrested for incest (regardless if they were practicing it or not).
Legislatures can pass any laws they want. It can only be challenged by judicial review after said law is passed.
https://en.wikipedia.org/wiki/Age_of_marriage_in_the_United_...
That's exactly how it works now. One is called civil marriage and one is called religious marriage. The church sets their own rules and the government sets theirs. You can be in one, the other, or both at the same time.
Civil marriage is a legal contract, religious marriage is decided by the church and it is whatever the church says it is. The government lets clergy also officiate civil marriage but it doesn't have to. It does because it makes sense. You wouldn't have to need a civil official and a religious official at your wedding. You wouldn't have to go through two ceremonies, one at the church and one at city hall.
Don't put too much thought in the fact that both contain the word "marriage" in them.
Goodrich vs. Dept of Health (MASS.) (emphasis mine):
"Marriage is a vital social institution. The exclusive commitment of two individuals to each other nurtures love and mutual support; it brings stability to our society.... The question before us is whether, consistent with the Massachusetts Constitution, the Commonwealth may deny the protections, benefits, and obligations conferred by civil marriage to two individuals of the same sex who wish to marry. We conclude that it may not. The Massachusetts Constitution affirms the dignity and equality of all individuals. It forbids the creation of second-class citizens.... the arguments made... failed to identify any constitutionally adequate reason for denying civil marriage to same-sex couples."
Because Tumblr does it too???
What is the positive???
https://www.sciencebasedmedicine.org/a-skeptical-look-at-scr...
"When pharmacies in the UK started offering glucose and cholesterol tests, the number of visits to doctors increased, but only 10% of people with positive tests needed treatment"
I support free speech, but that doesn't mean I am going to allow the KKK to do their demonstrations on my front lawn because "free speech." Disallowing that is not "stamp[ing] out free speech." Not even in the slightest.
Its a two way street - they are free to do their cross burning elsewhere and I'm also free to put signs on my lawn that support racial harmony.
Walmart (or whoever) is free to decide they don't want to sell the Confederate flag. The Daughters of the Confederacy (or whoever) are free to decide they want to sell the Confederate flag. Neither is stamping out free speech. BOTH are practicing free speech.
Free speech (as a value) doesn't mean "I need to facilitate everyone else all the time, always and so does everyone else." Free speech (as a value) means "you let me say what I want and I let you say what you want." The KKK can do their own thing and American Atheists can do theirs.
I can choose to hold an atheist convention and disallow priests to speak. Priests can choose to hold Mass and not allow atheist to speech. Its each party's choice.
If some types of items are unpopular with the public (or unpopular with the people who choose what to sell) it is a business decision to not sell them in order to appeal to their chosen demographic. It is not "stamp[ing] out free speech." There are niche markets everywhere for items that don't appeal to the general public. Most companies you are hearing about (Walmart, Sears, Apple) are trying to appeal to the masses.
Being forced to support everything is the exact opposite of free speech.
Let's also distinguish "the law" from "the Constitution." They are different.
>EBay specifically bans their sale while Amazon bans the sale of "products that promote or glorify hatred, violence, racial, sexual or religious intolerance or promote organizations with such views."
Seems to me they both [generally] ban Nazi merchandise but have problems enforcing the ban.
Anyways, its irrelevant. Amazon can sell what it wants. That's a business choice they make. I don't care what they choose to sell, that is their choice.